Protecting Survivor Benefits

Across the country, states routinely take children’s Social Security, disability, and survivor benefits. Those benefits are the child’s property. Our reforms stop agencies from taking children’s resources and instead require that they be preserved in trust for the child’s future.

Key Points

Financial Protection: We are ending the seizure of at least $179 million in Social Security benefits taken from children in foster care by state agencies every year.

State agencies take millions of dollars from orphaned children and children with disabilities while they’re in foster care.

Events & Testimonies

  • Smiling girl with blonde hair and floral-embroidered clothing, representing joy and hope for child advocacy, surrounded by a colorful blanket.

    Testimony: FOSTER CARE STATISTICS & POTENTIAL FEDERAL REFORMS

    Dear Mr. President, The Center for the Rights of Abused Children (Center) is driven to protect children, change laws, and inspire people – to ensure every abused child has a [...]

  • Hands shaking in a supportive gesture, symbolizing legal representation and advocacy for abused and neglected children in dependency proceedings.

    Testimony: Strengthening Child Welfare

    Strengthening Child Welfare by Reauthorizing Title IV-B of the Social Security Act to Provide Traditional Counsel for Children The Center for the Rights of Abused Children supports H.R. 8810 to [...]

  • Smiling girl in a white sweater with a golden heart, playing joyfully outdoors among bubbles, symbolizing safety and happiness for children in supportive environments.

    NYC Comment: Social Security Benefit Referrals for Children in Foster Care

    The Center for the Rights of Abused Children' s History on the Issue After becoming aware of the fact that states were using more than $160 million of children's federal [...]

  • Smiling girl in a yellow shirt with braided hair, standing confidently outdoors, representing hope and resilience in child advocacy efforts.

    Testimony: Support House Bill 2552

    Requires the preservation and protection of federal benefits that belong to a child in the care of the children’s division. These benefits include those that are administered by the Railroad [...]

  • Smiling young boy pointing towards the camera amidst greenery, symbolizing hope and the importance of children's rights in advocacy efforts.

    Testimony: Preserving Social Security Administration Benefits for Foster Youth – SUPPORT

    On behalf of the Center for the Rights of Abused Children (Center), I write in support of AB 1512 (Bryan). This critical initiative protects and preserves federal benefits that belong [...]

  • Child sitting on a rock in a natural setting, wearing a purple hoodie and a gray hat, emphasizing themes of safety and care for vulnerable children in foster care.

    Testimony: A.B. 8036 and S.B. 7778

    The proposed policy seeks to conserve and maximize a child’s federal benefits within applicable asset limitations and to ensure those benefits are used exclusively for the individual unmet needs and [...]

Op-Eds

  • Mother and child embracing joyfully, symbolizing love and family connection in the context of foster care advocacy.

    Why July 4th marks a new era of independence for youth aging out of foster care

    History does not always arrive with fanfare. Sometimes it arrives softly and humbly, and only in hindsight does the landmark moment become clear. That is how it came last week, when First Lady Melania Trump announced Fostering the Future Accounts, a new path to savings accounts for children in foster care. When the broader Trump [...]

  • Girl reading a book on a couch, symbolizing the importance of education and support for foster children’s rights.

    My View: Gov. Hobbs must protect and preserve foster children’s survivor benefits

    Read as we advocate for a bill currently in the Arizona Legislature that would stop the Arizona Department of Child Services from taking survivor benefits from the state's foster children. So far, House Bill 2559, has received strong bipartisan support.

  • Smiling girl in a white sweater with a golden heart, playing joyfully outdoors among bubbles, symbolizing safety and happiness for children in supportive environments.

    Congress should protect foster children’s Social Security benefits

    Read more here.

Research & Reports

  • Group of six smiling teenagers, representing diverse backgrounds, promoting joy and community support for children in foster care.

    Model Executive Order Protecting Benefits for Children in Foster Care

    Center for the Rights of Abused Children Releases a Model Executive Order Protecting Social Security, Disability, and Survivor Benefits for Children in Foster Care.

  • Smiling girl with curly hair, showcasing joy and resilience, representing the theme of hope in child welfare and foster care advocacy.

    Sample executive order to stop states from taking youth benefits

    Sample Executive Order An order prohibiting the state department of child safety (department) from taking rightful federal benefits away from a child in foster care and requiring the department to [...]

  • Children playing on a tire swing in a park, representing joy and safety in community environments that support vulnerable children.

    Preservation of Youth Benefits

    Kendall Seal VP of POLICY at the Center for the Rights of Abused Children, and other experts discuss the passage and implementation of the first comprehensive state law in the [...]

  • Person writing on documents, emphasizing advocacy and policy reform for children's rights and welfare.

    Protecting the Federal Benefits of Children in Foster Care

    The Problem Under federal law, many foster children are owed survivor benefits (including social security and veterans benefits) if their parents died, or if they have a disability (social security [...]

Resources & Tools

Podcasts & Audio

Television & Video

Model Reforms

  • On behalf of the Center for the Rights of Abused Children (Center), I write in support of AB 1512 (Bryan). This critical initiative protects and preserves federal benefits that belong to the child by requiring counties to properly screen for eligibility, apply for the benefits on behalf of the child, and direct, spend, and conserve [...]

  • The proposed policy seeks to conserve and maximize a child’s federal benefits within applicable asset limitations and to ensure those benefits are used exclusively for the individual unmet needs and best interests of the child. Letter of Support-NY Economic Justice for Kids in Foster Care

  • The Problem Under federal law, many foster children are owed survivor benefits (including social security and veterans benefits) if their parents died, or if they have a disability (social security income). Many states apply for foster children’s benefits as the “representative payee” (often without the youth or their attorneys knowing) and then use those benefits to [...]